A defendant shall be punished by imprisonment for four months.

Criminal facts

The Defendant, on July 17, 201, has reached KRW 13 million, and the Defendant did not have any intent or ability to pay money to the clients even if he/she borrowed money from the Defendant due to lack of the parent’s hospital expenses and the Defendant’s living expenses that suffered from dementia in the income derived from entertainment drinking house. However, on July 5, 2011, the Defendant made a false statement that “500,000 UN is to be repaid if he/she borrowed money to the victim” at the Ecafeteria restaurant operated by the victim D in Japan, and that it received 50,000 UN from the victim, namely, from June 17, 201 to June 17, 201, this part of the date under the charges shall be corrected according to the statement “date and time of the network” and “date and time of disposal” column in the annexed crime list.

By September 4, 2011, 1940,00 UN ( approximately KRW 20,80,000,000 at the time) was received on a total of six occasions, such as the list of crimes in the attached list of crimes, and acquired it by deception.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol prepared by the public prosecutor (including the D substitute part);

1. Statement made to D by the police;

1. A complaint;

1. Application of Acts and subordinate statutes to a copy of a bankbook (No. 4);

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act (generally, the point of fraud and the reason for sentencing) concerning the crime;

1. The scope of applicable sentences: Imprisonment for one month to ten years;

2. Application of the sentencing criteria (determination of type): The amount below 100 million won by general fraud (determination of the recommending area): Basic area [Scope of recommending punishment]: Imprisonment with prison labor for not less than six months from June to June.

3. Determination of sentence: Imprisonment with prison labor for four months (the fact that part of the money (3 million won is deposited for the victim, the defendant is the primary offender, and the defendant is recognized for all of the crimes in this case, and his mistake is divided, etc.).

However, it cannot be said that the crime of this case, which acquired the money by taking advantage of the personal relationship with the victim, cannot be deemed to be less severe, and after the victim acquired the money from the victim, it shall return to the Republic of Korea.